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Dáil
‹ Leaders' Questions

Magdalen laundries redress and accountability

Summary

Deputy Gerry Adams welcomed the State’s apology but demanded publication of correspondence, accountability and greater compensation for Magdalen laundry survivors. The Taoiseach defended the non-adversarial Quirke-based redress process, said religious orders’ cooperation was needed, and rejected pursuing costly legal action against them.

In February the Taoiseach gave a heart felt apology on behalf of the State to the survivors of the Magdalen laundries for the hurt done to them. He rightly told the women that they were blameless and I have no doubt he was moved by their life stories when he met them. For the women, that apology for the time they were incarcerated in a brutal regime overseen by the State was a turning point.

So too was the Government's announcement of a redress scheme. The Government's decision to make this redress scheme an ex gratia scheme and to ask the women to make no further claim against the State if they access the scheme was in marked contrast to the generous tone of the Taoiseach's apology. This issue of liability is clearly motivating the religious orders' refusal to make a financial contribution to the redress scheme. The issue of liability underpins the Government's own redress scheme and, for example, its refusal to deal with Bethany Home.

I respectfully say that the Government's record of failure to tackle the elites and to pursue institutions for wrongdoing is shocking and not good enough. The elites, whether in financial institutions or religious institutions, need to be made accountable to the will of the people. It is no accident that the women and girls were mostly poor. Then, as now, it is one law for the poor and one law for the rich. That is the harsh reality.

It is not good enough for the Government to express disappointment and to hope these institutions do the right thing. What does the Government intend to do to ensure the religious orders whose institutions benefited from the enslavement of girls and women in their commercial enterprises pay their fair share into the Magdalen laundries redress scheme?

Comment on this
Enda Kenny The Taoiseach Fine Gael

This has always been a sensitive matter. For more than 60 years nothing was done about this. Government after Government, some including my party, did nothing about this. We have done something about it. The first thing those women wanted when I met them was a sense of righteousness that the State would apologise for what happened. Second, because of their circumstances and their ages, they wanted put in place a system that was non-litigious and non-adversarial, and that would be quick, efficient and deliver a conclusion and solution for the women. To arrive at that, the McAleese report was important, as was the report of Mr. Justice Quirke. The solution is there.

We cannot do the scheme without the help of the religious orders because they have all the records about who worked, who attended and who lived in the laundries. The scheme was not contingent upon a 50-50 principle or upon a forced contribution from the religious orders. The Government set out to do something about this where nothing had been done for more than 60 years. I would like to think the religious orders would make a contribution. I cannot force them to because the scheme was not designed on that basis. These people do not have time on their side.

In respect of the redress scheme, 18 religious orders are involved. There has been a €1.5 billion payout. The Minister for Education and Skills is involved in discussions with all those religious orders on the basis of a scheme that was drafted on the principle of a 50-50 contribution. He will bring his memorandum to Government next week or the following week in regard to that.

The women told me face to face that time is not on their side. They did not want tribunals and did not want millionaire lawyers emerging from this. They did not want long-term discussions. They wanted a speedy non-litigious effective response and they wanted an apology from the State. That is all in place. We cannot complete this without the religious orders' co-operation in terms of the records, etc. I ask them to reflect on the question of a monetary contribution. I cannot force them to do that. I cannot take away the charitable status as some people have called for. This is an issue they know about themselves.

Comment on this

I very much welcomed the Taoiseach's apology and I acknowledge that it came after decades of other governments doing nothing. That is not an issue of contention between us. This is about accountability. I also met the women, and on the day of the Taoiseach's apology one of them sang "The Fields of Athenry" to us in a room in Leinster House. They showed great spirit, tenacity, good humour and fun despite what they had gone through.

They wanted an apology, but they want accountability and they want compensation. It is not good enough because the Taoiseach has suggested we need the co-operation of the orders. The suggestion is almost that is a quid pro quo. The Government is not powerless in this position. I listened to the Minister for Justice and Equality rejecting different suggestions that have been made. If we want to restore faith in society, politics and the imperative of politics, we need to make these institutions accountable, whatever their background.

That would be helpful. I believe the issue of liability is at the core of all of this. Let us not dismiss that as an important consideration. I believe the Taoiseach should publish the letters from the religious orders that the Government has received. I call on the Taoiseach to make personal contact with them and to demand that they fulfil their duties to the small number of survivors, who, as the Taoiseach has said, are quite elderly and infirm. However, publishing the letters, being transparent and getting all of this out would be a useful first step.

Comment on this
Enda Kenny The Taoiseach Fine Gael

I have no intention of going down a legal route of confrontation with the religious orders. The women involved have accepted the outcome of the Quirke recommendation.

Comment on this

The women are furious.

Comment on this
Enda Kenny The Taoiseach Fine Gael

These are the results of a process put in place at the request of the Magdalen women. They asked that this matter would be dealt with speedily and effectively, that compensation would be paid and that the process would be non-adversarial, non-litigious and that it would use non-legal routes that could take years. In order to define the work records and attendance records of those who lived and worked in the Magdalen laundries, we need the co-operation of the religious orders and they have given it.

The Government has made its decision in respect of the extent of the compensation, depending on the numbers involved. We expect that, following the recommendations of Mr. Justice Quirke, the religious orders should consider making a monetary contribution towards the amount. I am not going down the route of legal action in a confrontational manner with the religious orders.

Comment on this

Will the Taoiseach publish the correspondence?

Comment on this
Enda Kenny The Taoiseach Fine Gael

They know the accountability involved is coming from the hearts of those women who demanded that the State should do something. We have set out a process by which that is being dealt with and it has been put in place. The Government has decided on the range of compensation amounts on the recommendations of Mr. Justice Quirke.

Comment on this

Will the Taoiseach publish the letters?

Comment on this
Enda Kenny The Taoiseach Fine Gael

The religious orders involved know all about this. They can make a decision now on reflection to make a monetary contribution towards this compensation amount if they so wish. However, Deputy Adams should not expect me to have the State go down a legal route whereby it would spend more than any compensation amount, which we want to see paid to the women.

Comment on this

That is not what is being asked. The Taoiseach is being entirely disingenuous.

Comment on this
Enda Kenny The Taoiseach Fine Gael

They want a process that is simple, effective and direct. If Deputy McDonald has something better to say to me, then I am prepared to listen to it.

Comment on this

Deputy McDonald has lots to say to the Taoiseach.

Comment on this
Enda Kenny The Taoiseach Fine Gael

Deputy McDonald and her party have a lot to answer for in terms of accountability in this country, as she well knows.

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

Sorry, Taoiseach, we are over time.

Comment on this

It is a disgrace.

Comment on this
Enda Kenny The Taoiseach Fine Gael

Everything is a disgrace for Deputy McDonald and her party.

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

Deputy Halligan, please.

Comment on this